19.79.050 Accessory dwelling unit development standards.
Accessory dwelling units are subject to the following requirements unless exempted from an accessory dwelling unit permit pursuant to this chapter:
A. Setbacks and Other Zoning Regulations.
1. No setbacks shall be required for the following:
a. An existing living area that is converted to an accessory dwelling unit or portion of an accessory dwelling unit;
b. An accessory structure that is converted to an accessory dwelling unit or portion of an accessory dwelling unit; or
c. A structure constructed in the same location and to the same dimensions as an existing structure, that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
2. A minimum side and rear yard setback of four feet shall be required for an accessory dwelling unit that is not constructed in the same location and to the same dimensions as an existing structure, including a garage or accessory structure.
3. Front yard setback requirements of the underlying zoning district apply for a newly constructed attached or detached accessory dwelling unit; provided, that front yard setback requirements shall not apply if they do not permit an at least eight-hundred-square-foot accessory dwelling unit with four-foot side and rear yard setbacks.
4. Notwithstanding any provision in this chapter, side and rear yard setbacks must be sufficient for fire safety as determined by the Building Department and/or the fire district.
5. Lot coverage and floor area ratio requirements of the underlying zoning district apply for a newly constructed attached or detached accessory dwelling unit. Notwithstanding this section, an attached or detached accessory dwelling unit must be allowed a floor area of at least eight hundred square feet, sixteen feet in height, with minimum four-foot side and rear yard setbacks.
6. If an existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the multifamily dwelling shall be required as a condition of approving the construction of an accessory dwelling unit.
B. Maximum and Minimum Unit Size.
1. The maximum floor area square footage for a studio or one-bedroom accessory dwelling unit is eight hundred fifty square feet, and one thousand square feet if the accessory dwelling unit contains more than one bedroom.
2. The total floor area of an attached or detached accessory dwelling unit shall not exceed fifty percent of the existing or proposed primary dwelling. Notwithstanding this provision, an attached or detached accessory dwelling unit must be allowed at least eight hundred square feet of floor area.
3. The minimum floor area for an accessory dwelling unit is one hundred fifty square feet, which is the minimum square footage required for an efficiency unit as defined in California Government Code Section 17958.1, as may be amended from time to time.
C. Height.
1. A detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit shall not exceed sixteen feet in height except as provided in the following subsections:
a. A detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit shall not exceed eighteen feet in height, if the dwelling unit is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in California Public Resources Code Section 21155. The City shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that aligns with the roof pitch of the primary dwelling unit.
b. A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling unit shall not exceed eighteen feet in height.
c. An attached accessory dwelling unit shall not exceed twenty-five feet in height, or the height limit that applies to the primary dwelling, whichever is lower.
D. Lot Coverage and Floor Area Ratio. The accessory dwelling unit shall comply with the lot coverage and floor area ratio requirements of the underlying zoning district unless otherwise required by this chapter or State law. Lot coverage or floor area ratio limits do not apply for either an attached or detached accessory dwelling unit that does not permit at least an eight-hundred-square-foot accessory dwelling unit with minimum four-foot side and rear yard setbacks. For the purposes of determining maximum lot coverage and floor area ratio requirements, residential second unit square footage shall be calculated as part of the primary living unit.
E. Lot Size. There shall be no minimum lot size required for an accessory dwelling unit or junior accessory dwelling unit.
F. An accessory dwelling unit shall include a separate kitchen, bathroom, and access from the primary dwelling unit. It may contain an interior connection to the primary dwelling unit.
G. Pursuant to State law, an accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building, shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the General Plan and zoning district.
H. Accessory dwelling units are not required to have fire sprinklers or other fire safety requirements if not required in the primary residence.
I. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
J. The correction of underlying nonconforming zoning conditions is not required as a condition of approval. (Ord. 2023-02 § 2, 2023; Ord. 2021-04 § 2, 2021.)